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In forceAmended2020 Revised Edition

Part 4 · Jurisdiction

54G. Costs in cases transferred from one court to another

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Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

Where proceedings are ordered to be transferred —

(a)

from the General Division of the High Court to a State Court;

(b)

from a State Court to the General Division of the High Court; or

(c)

from one State Court to another,the costs of the whole proceedings both before and after the transfer, subject to any order made by the court which ordered the transfer, are in the discretion of the court to which the proceedings are transferred, and that court has power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be paid.

(2)

As regards so much of the proceedings in any action transferred from the General Division of the High Court to a State Court as takes place in the General Division of the High Court before the transfer —

(a)

the costs thereof are subject to section 39; and

(b)

the powers of the General Division of the High Court under section 39(4) to make an order allowing costs on the scale of the General Division of the High Court or on the State Courts scale are, subject to any order of the General Division of the High Court, exercisable by the State Court.

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